Toronto Personal Injury Lawer Blog - Findlay Law

Disability claims can be made either to the Canada Pension Plan (CPP) or your insurance company. The CPP defines “disability” very specifically. The disability must be:

• “Severe and prolonged”, 
  
• “Likely to be long continued and of indefinite duration or … likely to result in death”; and
  
• Such that it is impossible for you to pursue any “substantially gainful occupation”.
  

Benefits are based on how much you have contributed to the CPP over the years and there are detailed, specific parameters which must prevail at the time your disability began rather than at the time you apply for benefits. You must have contributed during at least four of the previous six years and your earnings must have been at least ten percent of the maximum pensionable earnings ($36,900). There will be a waiting period of three months.

Proof of Your Disability for the CPP
You must be able to prove that your disability is “severe”, either mentally or physically. If you are continuing to be employed in a sedentary job, you will not be considered severely disabled. If your disability is physical rather than mental, CPP will probably consider you able to hold a sedentary job. If the disability is mental, you will need evidence from a psychologist or psychiatrist showing that you are unable to hold a sedentary job.

CPP will look at your work skills to determine whether they are transferable to some other kind of work. For example, if you have been a physician and are now unable to work in that profession, CPP may still consider you able to work in a convenience store.

Negotiating with Insurance Companies
Insurance companies are notorious for trying not to pay disability claims. They have many ways of delaying, denying and underpaying, and without knowledgeable legal help you may find yourself without any compensation, even though you have faithfully paid your premiums over the years.

If you are wondering about your status as a disabled person, the best step would be to consult a disability lawyer. The law is complex and all language is carefully defined. You need someone familiar with how CPP regards health conditions and “gainful” work, how the Appeals Board can be expected to rule on appeals, and how to prevail in negotiating with your insurance company.

Please contact our personal injury law firm today to schedule a free consultation.